Broadcasting Act 2009

66.

Determination of applications for award of sound broadcasting contracts and television programme service contract.

66.— (1) The Contract Awards Committee shall, in accordance with this Part, consider every application received by it—

( a) for a sound broadcasting contract made under section 65 (8) , or

( b) for a television programme service contract,

for the purpose of determining the most suitable applicant, if any, to be awarded a broadcasting contract.

(2) In the consideration of applications referred to in subsection (1) received by it and in determining the most suitable applicant to be awarded a broadcasting contract, the Contract Awards Committee shall have regard to—

( a) the character, expertise and experience of the applicant or, if the applicant is a body corporate, the character expertise and experience of the body and its directors, manager, secretary or other similar officer and its members and the persons entitled to the beneficial ownership of its shares,

( b) the adequacy of the financial resources that will be available to each applicant and the extent to which the application accords with good business and economic principles,

( c) the quality, range and type of the programmes proposed to be provided by each applicant or, if there is only one applicant, by that applicant,

( d) the quantity, quality, range and type of programmes in the Irish language and the extent of programmes relating to Irish culture proposed to be provided,

( e) the extent to which the applicant will create within the proposed broadcasting service new opportunities for talent in music, drama and entertainment and in particular in respect of Irish culture,

( f) the desirability of having a diversity of services in the area specified in the notice catering for a wide range of tastes including those of minority interests,

( g) the desirability of allowing any person, or group of persons, to have control of, or substantial interests in, an undue number of sound broadcasting services in respect of which a sound broadcasting contract has been awarded under this Part,

( h) the desirability of allowing any person, or group of persons, to have control of, or substantial interests in, an undue number of sound broadcasting services in the area specified in the notice,

( i) the desirability of allowing any person, or group of persons, to have control of, or substantial interests in, an undue amount of the communications media in the area specified in the notice,

( j) the extent to which the service proposed—

(i) serves recognisably local communities and is supported by the various interests in the community, or

(ii) serves communities of interest,

( k) any other matters which the Contract Awards Committee considers to be necessary to secure the orderly development of broadcasting services, and

( l) where directed by the Authority, any of—

(i) the amount of a single cash sum payment, as specified by the applicant during the course of his or her application, which the applicant is willing to pay to the Authority in respect of the award of the broadcasting contract,

(ii) the amount of a periodic cash sum payment, as specified by the applicant during the course of his or her application, which the applicant is willing to pay to the Authority in respect of the award of the broadcasting contract, and

(iii) the amount of a periodic cash sum payment determined by reference to a variable, as specified by the applicant during the course of his or her application, which the applicant is willing to pay to the Authority in respect of the award of the broadcasting contract.

(3) In considering the suitability of any applicant for the award of a sound broadcasting contract to provide a sound broadcasting service in respect of an area which includes a Gaeltacht area, the Contract Awards Committee shall have particular regard to the continuance and advancement as a spoken language of the Irish language.

(4) In considering the suitability of an applicant for the award of a broadcasting contract, the Contract Awards Committee shall have regard to—

( a) the overall quality of the performance of the applicant with respect to the provision by him or her of a broadcasting service under any broadcasting contract held by him or her at, or before, the date of the making of the application, and

( b) reports of the Compliance Committee.

(5) Where the Contract Awards Committee decides to refuse to recommend the award of a broadcasting contract to an applicant, the Contract Awards Committee shall notify the applicant of—

( a) the reasons for the decision,

( b) the score of the applicant, and

( c) the score of any successful applicant.

(6) In this section “notice” means a notice under section 65 (9) .